If you have been convicted of a crime, in some circumstances we can file for an expungement. The exceptions are in subsection (G): The provisions of Subsection A of this section do not apply to an offense committed against a child, an offense that caused great bodily harm or death to another person, a sex offense as defined in Section 29-11A-3 NMSA 1978, embezzlement pursuant to Section 30-16-8 NMSA 1978 or an offense involving driving while under the influence of intoxicating liquor or drugs.

Further, the Court will review whether the granting of the expungement, is in the interests of justice. This means that the court will “determine whether justice will be served” by considering:

(1) the nature and gravity of the offense or conduct that resulted in the petitioner’s conviction;
(2) the petitioner’s age, criminal history and employment history;
(3) the length of time that has passed since the offense was committed and the related sentence was completed;
(4) the specific adverse consequences the petitioner may be subject to if the petition is denied; and
(5) any reasons to deny expungement of the records submitted by the district attorney.

We will work with you to submit a package to the Court addressing the above issues and attend the hearing with you, as our client, to address any concerns the Court or the parties may have to strive to get your record expunged.